Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-10 and 15-36 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, amendments yield new interpretation which yield non-enablement to each of the independent claims 1, 9, 10 and 15 – see 112 rejection below. Examiner attempted to resolve 112 rejection issue with Attorney. Attorney prefers written submission for Applicant to consider and respond to the 112 rejection. Without resolution to 112 rejection (non-enablement), Examiner cannot properly interpret the logic of each of the independent claims for any art rejection.
Claim Rejections - 35 USC § 112
Claims 1-10 and 15-36 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding each of independent claims 1, 9, 10 and 15, it recites:
transmit/receive the first signal wherein the first signal includes the (1) first data .. and (2) first information regarding timing of transmission of second data that is generated in the first wireless communication apparatus based on the result of reception of the first data
Basically, it is transmitting/receiving the first signal with first data and another data that relies on the receipt of the first data, a classic chicken-and-egg dilemma. Again, Examiner cannot properly interpret the logic of each of the independent claims for any art rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WARNER WONG whose telephone number is (571)272-8197. The examiner can normally be reached M-F 7am - 3:30pm.
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WARNER WONG
Primary Examiner
Art Unit 2469
/WARNER WONG/Primary Examiner, Art Unit 2469
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